AR25-020 Staff Decision - Laserfiche WebLink

Home Browse Search

A. Transportation System Development Charges (SDCs) & Parks fee are typically assessed upon application for building permits for a new dwelling. Credit for the prior dwelling since destroyed in the Beachie Creek (Canyon) Fire can be afforded through the end of calendar year 2025. Application made for building permits in 2026 and beyond will not be eligible for the Canyon Fire fee waiver. Marion County Building Department: commented: No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property. Depending on the proposed location of the structures, a soils geotechnical analysis may be required to account for descending slopes exceeding 1 unit vertical in 3 units horizontal and the setback of structure(s) from this slope in accordance with 2023 ORSC R403.1.9. Marion County Septic commented: A Certificate of Satisfactory Completion was issued for the septic system on 7/25/2024. The system is authorized to connect to a 2BDRM replacement dwelling for 5 years following the issuance of the Certificate of Satisfactory Completion. If no connection has been made after 5 years (7/25/2029) or if an increase in flow is proposed, an authorization will be required. All commenting agencies did not respond or stated no objection to the proposal. 7. Restoration or replacement of a use under ORS 215.130 (5) or under city land use regulations that allow the restoration or reestablishment of a nonconforming use, including under section 2 of this 2021 Act, must commence no later than September 30, 2025, notwithstanding the time limitation under ORS 215.130 (6) or any other local land use regulation if the restoration is for uses that between September 1 and September 30, 2020, were damaged or destroyed by wildfires that were: 1. The subject of a federal or state major disaster declaration; or 2. Subject to a Governor’s executive order invocating the Emergency Conflagration Act under ORS 476.510 to 476.610. ▪ 2021 Ore. ALS 25; 2021 Ore. Laws 25; 2021 Ore. SB 405 This application is to replace a dwelling lost in the 2020 Beachie Creek Fire. According to Marion County records the owners of the property took steps to reestablish their homesite. Aerial photographs indicate that there was an effort to clean up the tree debris and reestablish the driveway. In addition, imagery exists showing a building on the parcel and post fire images indicate a footprint of the building’s foundation. The Marion County Tax accessor had the dwelling listed as being built in 1963 - before current land use regulations were adopted. The applicants state that they have reestablished the well, restored power to the lot , and had the septic system replaced. For the purposes of reestablishing a dwelling lost in the 2020 Beachie Creek Fire, the above criteria are met. 8. Based on the above findings, it has been determined that the dwelling previously on the property may be restored or replaced. 9. At the time of replacement, the applicant will be required to sign and record a Farm/Forest Declaratory Statement as a condition of approval. This acknowledges that farm and forest practices conducted in the area may have an adverse impact on a residence. Brandon Reich Date: August 18th, 2025 Planning Division Director/Zoning Administrator If you have any questions regarding this decision contact George Brandt at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.